VAN BUREN, Ark — A Van Buren couple accused of leaving their dog to die in the heat while they were away have been found guilty and will serve one day in jail.
A report from the Van Buren Police Department details that an officer responded to the couple's residence on June 25 for an animal welfare check. A neighbor told police there were dogs in the backyard that hadn't been cared for.
The VBPD report said that police found a Great Pyrenees dog that had died from the heat and a chocolate lab that was attempting to find shade in a doghouse. Police observed the lab to be extremely overheated and struggling to breathe.
According to court records, James Lemley, 41, and Ashley Lemley, 37, turned themselves into the Crawford County Detention Center on July 17. Both were charged with and pleaded not guilty to two counts each of animal cruelty.
The pair appeared for trial on Nov. 29. After deliberation, a judge ruled on Dec. 12 that both were found guilty and sentenced to two days in jail. Both had one day of jail credit and will serve only one day each.
The court fined the Lemleys $640 per charge, with a combined $2,560 for all four charges.
According to a court entry, the fines can be suspended if the couple meets the following conditions:
- Formally surrendering the surviving dog to Almost Home Shelter so that he can be adopted.
- Pay $817.92 for the veterinary bills incurred during the surviving dog's care and treatment at the shelter.
- Defendants are barred from adopting or owning any animals for one year.
"This troubling case involved two relatively large dogs: Snowflake, a Great Pyrenees, and Cooper, a chocolate lab. These dogs spent the vast majority of their lives in a makeshift pen in the backyard of the defendants' home, where they apparently were rarely let out, there was only partial shade during the hottest part of the day," the judge said in an order.
"Snowflake was found dead on a very hot day during the summer of 2023, and Cooper apparently was overheated as a result of inadequate water," the order said.
The judge said that the testimony presented at trial and the responding officer's body cam footage led to the conviction.
According to the police report, one witness said that “for the past four days she has been going over and giving the two dogs water, but that one dog had since died,” and another witness said that the last time the owners had been seen was around four days prior.
Police said when they entered the backyard, it was in “bad shape” with “trash placed everywhere.”
Officers found a chain link dog pen that was in “extremely poor condition ... without any sort of shade,” while being in direct sunlight at temperatures over 100 degrees.
Cooper was taken by animal control and placed into emergency custody, but no further information was made available as to the dog's condition.
Police documents said after animal control arrived on the scene to retrieve the surviving dog, they informed police that they were “very familiar with the residence as [animal control] has retrieved both dogs after escaping the pin multiple times,” and that authorities believed “The Lemleys made no effort to provide sufficient shade, food, or water to the dogs in order for them to cool down.”
Police said the only food they could find “was scattered around and covered in dirt.”
An incident report said James called police on July 10, just days before surrendering, in an attempt to defend himself amid the animal cruelty investigation.
“It was apparent that the conversation was for the purpose of defending himself and soliciting advice. I told him that we could not give him any legal advice, and that he would have to speak with his attorney,” the report said.
As of Dec. 13, James was still listed as a classroom teacher for Northridge Middle School in the Van Buren School District.
Brittany Ransom, a Communications and Media Consultant at the district, gave 5NEWS the following statement:
"The district is aware of a report that a district staff member was recently convicted on charges of animal cruelty in Van Buren District Court. Due to privacy laws regarding personnel, the district will have no further comment since it concerns a personnel matter."
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